Cultural Endowment

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Cultural Endowment of Estonia Act
(18.01.96 entered into force 16.02.96 – RT I 1996, 8, 166)
Passed 1 June 1994
(RT
1 I 1994, 46, 772),
entered into force 1 July 1994,
amended by the following Acts:
29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123;
09.10.2002 entered into force 01.11.2002 – RT I 2002, 87, 506;
19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375;
12.06.2002 entered into force 01.08.2002 – RT I 2002, 57, 357;
29.01.2002 entered into force 04.03.2002 – RT I 2002, 21, 117;
05.05.97 entered into force 26.05.97 – RT I 1997, 37, 571;
18.01.96 entered into force 16.02.96 – RT I 1996, 8, 166.
Chapter I
General Provisions
§ 1. Cultural Endowment of Estonia
(1) The Cultural Endowment of Estonia (hereinafter the Cultural Endowment) is a legal
person in public law the objective of the activities of which is to support the arts, folk
culture, physical fitness and sport and the construction and renovation of cultural
buildings by the accumulation of funds and distribution thereof for s pecific purposes.
Grants of the Cultural Endowment for individuals are equivalent to state grants.
(09.10.2002 entered into force 01.11.2002 – RT I 2002, 87, 506)
(2) For the purposes of this Act, folk culture includes folk art including the traditional
(folkloric) areas of folk art, the activities of societies and informal education.
(3) The Cultural Endowment shall operate pursuant to this Act and other legislation.

(31) The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53,
336; 61, 375; 2003, 20, 117) apply to administrative proceedings prescribed in this Act,
taking account of the specifications provided for in this Act.
(19.06.2002 entered into force 01.08.2002 – RT I 2002, 61, 375)
(4) The activities of the Cultural Endowment are terminated by an Act.
(5) The Cultural Endowment shall be registered in the state register of state and local
government agencies pursuant to the procedure provided for in the statutes of the register.
(12.06.2002 entered into force 01.08.2002 – RT I 2002, 57, 357)
§ 2. Functions of Cultural Endowment
The functions of the Cultural Endowment are to:
1) support projects which promote, introduce and popularise the arts and sport, artistic
associations, research related to culture and sport, and to furthe r the development of the
arts, folk culture, physical fitness and sport;
2) support outstanding figures in the arts and sport, and their families upon their death;
3) support talented persons with development potential in various areas of culture and
sport and to facilitate their individual development;
4) support the commemoration of deceased figures in the arts and sport;
(18.01.96 entered into force 16.02.96 – RT I 1996, 8, 166)
5) support the construction and renovation of cultural buildings which are of national
importance.
(09.10.2002 entered into force 01.11.2002 – RT I 2002, 87, 506)
Chapter II
Assets of Cultural Endowment
§ 3. Property of Cultural Endowment
The Cultural Endowment shall possess, use and dispose of its assets pursuant to
procedure and under the conditions provided for in this Act and other legislation.
§ 4. Assets of Cultural Endowment

(1) Assets of the Cultural Endowment shall be formed from:
1) proceeds pursuant to the Alcohol Excise Act (RT I 2000, 58, 375; 102, 676; 2001, 88,
531; 2002, 90, 521; 2003, 2, 17) and the Tobacco Excise Act (RT I 1994, 54, 901; 2001,
51, 296; 87, 528; 88, 531; 2003, 2, 17);
2) proceeds from gambling tax pursuant to the Gambling Tax Act (RT I 2002, 28, 158;
90, 521);
3) property donations and bequests made in favour of the Cultural Endowment;
4) income received from investment of the assets of the Cultural Endowment;
5) income from other economic activities;
6) other income.
(2) In order to ensure the sustainability of the activities of the Cultural Endowme nt, the
supervisory board shall appropriate a portion of assets to increase fixed capital. Fixed
capital shall not be reduced.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 4
1. Use of assets of Cultural Endowment
(1) The Cultural Endowm ent shall use its assets only for the purposes provided by this
Act.
(2) Donations and bequests intended for specific purposes may be used only for the
purposes designated by the donor or bequeather.
(3) After the increase of fixed capital and allocation o f the amounts intended for cultural
buildings pursuant to the Gambling Tax Act, the supervisory board of the Cultural
Endowment shall appropriate 75 per cent of annual revenue of the Cultural Endowment
to the disposal of its endowments, and 25 per cent to the disposal of county expert groups
for financing cross -disciplinary and county cultural projects and the administrative
expenses.
(4) The assets of the Cultural Endowment may be invested pursuant to the requirements
provided by this Act and the resolutions of the supervisory board, and preservation,
liquidity and productivity of the assets and risk- spreading necessary for the purposes of
the Cultural Endowment shall be ensured.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 5. (Repealed – 29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)

§ 6. Economic activities of Cultural Endowment
(1) For performance of the functions prescribed by this Act, the Cultural Endowment has
the right to:
1) acquire and transfer immovable and movable property;
2) subject immovables and movables to a commercial lease;
3) organise benefit events and lotteries on the bases provided by law;
4) distribute products with its insignia.
(2) The Cultural Endowment shall not assume any obligations not arising from this Act,
including grant of loans, securing the performance of debt obligations by other persons or
pledging of assets. The Cultural Endowment shall not grant loans or found or participate
in legal persons in private law.
(29.01.2003 entered into f orce 13.03.2003 – RT I 2003, 21, 123)
§ 6
1. Investment of assets of Cultural Endowment and limitations thereon
(1) The Cultural Endowment may organise the investment of its assets directly or through
an asset manager. The Public Procurement Act (RT I 2000, 84, 534; 2001, 40, 224; 50,
284; 2002, 23, 131; 47, 297; 61, 375; 63, 387; 87, 505; 99, 577) need not be applied upon
selection of the asset manager.
(2) The asset manager may be:
1) the Bank of Estonia;
2) the Ministry of Finance;
3) a company registered in Estonia or a branch thereof which has the right to act as a
management company, credit institution or investment firm.
(3) The assets of the Cultural Endowment may be invested in the deposits of credit
institutions, in the securities specified in claus es 2 (1) 2), 4) and 5) of the Securities
Market Act (RT I 2001, 89, 532; 2002, 23, 131; 63, 387; 102, 600; 105, 612) and in
immovables. For the purposes of managing risks arising from investments, the Cultural
Endowment may acquire securities specified in clause 2 (1) 6) of the Securities Market
Act and enter into transactions with derivative instruments.
(4) The value of securities and immovables specified in subsection (3) of this section
which belong to the Cultural Endowment shall not total more than 100 per cent of the
fixed capital of the Cultural Endowment.

(5) The net asset value of units of investment funds which belong to the Cultural
Endowment shall not total more than 35 per cent of the fixed capital of the Cultural
Endowment, and units may be acquired from investment funds the assets of which may,
directly or through other investment funds, be invested in securities specified in clauses 2
(1) 1) and 3) of the Securities Market Act.
(6) The Cultural Endowment shall not own immovables the acquisiti on cost of which
totals more than 10 per cent of the fixed capital of the Cultural Endowment.
(7) A deposit placed with one credit institution shall not total more than 40 per cent of the
assets of the Cultural Endowment.
(8) The value of securities issued by one person and persons belonging to the same group
with the person shall not total more than 20 per cent of the fixed capital of the Cultural
Endowment.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 6
2. Limitations on entry into tra nsactions with interested persons
(1) For the purposes of this Act, an interested person is:
1) members of the supervisory board and the Director of the Cultural Endowment and
other employees of the Cultural Endowment;
2) the spouses and close relatives of persons specified in clause 1) of this subsection
within the meaning of the Anti- corruption Act (RT I 1999, 16, 276; 87, 791; 2000, 25,
145; 2001, 58, 357; 2002, 53, 336; 63, 387; 2003, 18, 108);
3) an auditor of the Cultural Endowment;
4) companies in which persons specified in clauses 1) -3) of this subsection hold either
directly or through other persons more than 10 per cent of the share capital;
5) companies in which persons specified in clauses 1) and 2) of this subsection are
members of their directing bodies.
(2) The Cultural Endowment is prohibited from transferring the assets of the Cultural
Endowment to interested persons or acquire assets therefrom out of the funds of the
Cultural Endowment otherwise than on a stock exchange or other organised public
securities market or by public auction.
(3) Members of the supervisory board of the Cultural Endowment shall not apply for the
grants of the Cultural Endowment.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)

§ 7. (Repealed – 29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 8. Supervision of activities of Cultural Endowment
(1) The State Audit Office shall audit the activities of the Cultural Endowment pursuant
to the State Audit Office Act.
(2) The supervisory board of the Cultural Endowment shall invite an auditor to audit the
activities of the Cultural Endowment.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 9. Accounting
(1) The Cultural Endowment shall organise accounting pursuant to the Accounting Act
(RT I 2002, 102, 600) and other legislation.
(2) The financial year of the Cultural Endowment starts on 1 January and ends on 31
December.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
Chapter III
Structure and Management of Cultura l Endowment
§ 10. Endowments
(1) The Cultural Endowment is comprised of endowments for the following areas of
culture:
1) literature;
2) music;
3) visual and applied arts;
4) architecture;
5) dramatic art;
6) audio- visual art;
7) folk culture;
8) physical fitness and sport.

(18.01.96 entered into force 16.02.96 – RT I 1996, 8, 166)
(2) An endowment is a structural unit of the Cultural Endowment the function of which is
to distribute the money appropriated to a specific area of culture by the supervisory boa rd
of the Cultural Endowment on the basis of submitted applications and on its own
initiative.
(18.01.96 entered into force 16.02.96 – RT I 1996, 8, 166)
§ 10
1. County expert groups
(1) A county expert group (hereinafter expert group) is a structural unit of the Cultural
Endowment which acts in every county and the function of which is to distribute the
money appropriated to the areas of culture of the county by the supervisory board of the
Cultural Endowment on the basis of submitted applications and on it s own initiative.
(2) An expert group shall:
1) allocate the money appropriated to the disposal of the expert group;
2) submit on its own initiative county cultural projects to the supervisory board of the
Cultural Endowment for awarding grants;
3) prepare annual reports on its activities to the supervisory board of the Cultural
Endowment.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 11. Supervisory board of Cultural Endowment
(1) The activities of the Cultural Endowment are directed by a supervisory board of
eleven members including:
1) the Minister of Culture as chairman;
2) a representative designated by the Minister of Culture;
3) a representative designated by the Minister of Finance;
4) a representative designated by each endowment panel.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
(2) The supervisory board of the Cultural Endowment shall:

1) establish the procedure for the investment of assets of the Cultural Endowment and for
entry into other transactions, and prescribe limitations on the management of the financial
risks relating to the types of assets, currency structure, duration of instruments and
investments, and other investment indicators;
2) distribute annual revenue pursuant to subsection § 4
1 (3) of th is Act;
3) decide on financing cross -disciplinary cultural projects and projects initiated by
endowments and expert groups;
4) allocate the amounts intended for cultural buildings pursuant to the Gambling Tax Act
according to the ranking of the construction and renovation of cultural buildings which
are of national importance, which is approved by a resolution of the Riigikogu
2 and
support up to two objects at the same time;
5) determine limitations on the amount of grants per year and per quarter awarded b y the
endowments and expert groups;
6) analyse the results of the activities of the expert groups, endowments and of the
Cultural Endowment;
7) organise the publication of annual overviews of the activities of the Cultural
Endowment;
8) hire and release in ternal auditors of the Cultural Endowment;
9) approve the annual budget and audited annual report of the Cultural Endowment;
10) determine a separate budget prescribed for an internal audit in the funds prescribed
for the administrative expenses of the Cul tural Endowment and approve the work
schedule of internal auditors;
11) determine the amount of remuneration to be paid to members of the endowment
panels and members of expert groups and the procedure for payment thereof;
12) approve the structure of the Cultural Endowment;
13) appoint to and release from office the Director of the Cultural Endowment;
14) exercise supervision over the activities of the Director, endowments and expert
groups;
15) make proposals and express opinions concerning issues involvi ng the development of
the arts, folk art, physical fitness and sport and relating to the performance of functions
provided for in this Act;

16) select an asset manager set out in subsection 6 1 (1) of this Act and approve the
conditions of the agreement to be entered into with the asset manager;
17) decide, on the proposal of the Director, the acquisition and transfer of immovables.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
(3) The term of authority of the supervisory board is two years .
(05.05.97 entered into force 26.05.97 – RT I 1997, 37, 571)
(4) (4) The membership of the supervisory board shall be approved by the Government of
the Republic.
(05.05.97 entered into force 26.05.97 – RT I 1997, 37, 571)
§ 12. Members of supervisory boar d of Cultural Endowment
(1) The members of the supervisory board shall perform their functions until a new
membership of the supervisory board is approved. Members of the supervisory board,
except the Minister of Culture, may participate in only two consec utive memberships of
the supervisory board.
(2) A member of the supervisory board shall be excluded from the membership of the
supervisory board upon his or her removal, on the basis of his or her application, or upon
his or her death.
(3) Members of the s upervisory board of the Cultural Endowment shall receive
remuneration for performance of functions related to the work of the supervisory board.
The Government of the Republic shall approve the amount of remuneration on the
proposal of the chairman of the supervisory board of the Cultural Endowment and
remuneration shall be paid from funds prescribed in the budget of the Cultural
Endowment for administrative expenses. No remuneration shall be paid to the chairman
of the supervisory board of the Cultural Endowment.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
(4) The members of the supervisory board shall elect the deputy chairman of the
supervisory board from among themselves.
§ 13. Procedures of supervisory board of Cultural Endowment
(1) A session of the supervisory board shall be convened by the chairman as required but
not less frequently than once per quarter. The members of the supervisory board shall be
notified of a session in writing not later than twenty days in advance.

(2) An extraordinary session of the supervisory board shall be convened within two
weeks if at least six members of the supervisory board so require.
(18.01.96 entered into force 16.02.96 – RT I 1996, 8, 166)
(3) The supervisory board has a quorum if at least six m embers of the supervisory board
are present, including the chairman or deputy chairman.
(18.01.96 entered into force 16.02.96 – RT I 1996, 8, 166)
(4) The supervisory board adopts resolutions by a simple majority of the members
present at a session. Resolu tions on matters specified in clauses 11 (2) 1) -5), 8) -13), 16)
and 17) of this Act shall be adopted by a simple majority of the membership of the
supervisory board.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
(5) The resolutions of the supervisory board shall be recorded in the minutes and
communicated to the endowment panels within one week.
§ 13
1. Liability of members of supervisory board
(1) Members of the supervisory board shall be solidarily liable for any damage
wrongfully caused to the Cultural Endowment by violation of the requirements of this
Act or by failure to perform their duties.
(2) A member of the supervisory board shall be released from liability to the Cultural
Endowment if he or she maintained a dissenting opinion in t he adoption of the resolution
which was the basis for the illegal activity, and the dissenting opinion is recorded in the
minutes, or if he or she was absent from the session in which such resolution was
adopted.
(3) The limitation period for submission of claims against a member of the supervisory
board shall be five years as of violation of an obligation.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 14. Endowment panel
(1) The activities of each endowment are organised by an endowment panel of this
endowment consisting of seven persons active in the corresponding area of culture and
who are nominated by organisations of this area of culture.
(05.05.97 entered into force 26.05.97 – RT I 1997, 37, 571)

(2) The membership of an endowment panel shall be approved by the Minister of
Culture.
(3) An endowment panel shall:
1) appoint a representative of the endowment to the supervisory board of the Cultural
Endowment;
2) allocate the money appropriated to the disposal of the endowment;
3) submi t projects for cross -disciplinary initiatives to the supervisory board of the
Cultural Endowment for awarding grants;
4) monitor the purposeful use of grants awarded by the endowment;
5) prepare the annual report on the activities of the endowment;
6) make proposals to the supervisory board of the Cultural Endowment;
7) perform other functions assigned by the supervisory board of the Cultural Endowment.
(18.01.96 entered into force 16.02.96 – RT I 1996, 8, 166)
(4) A panel has the right to remove its repres entative from the supervisory board of the
Cultural Endowment.
(5) The term of authority of a panel is two years.
(05.05.97 entered into force 26.05.97 – RT I 1997, 37, 571)
§ 15. Members of endowment panel
(1) The members of a panel shall perform their fu nctions until a new membership of the
panel is approved. The same person may belong to two consecutive memberships of a
panel.
(2) A member of a panel shall be excluded from the membership of the panel upon his or
her removal, on the basis of his or her application, or upon his or her death. A new
representative shall be appointed as a replacement for the released member of a panel
pursuant to subsection 14 (1) of this Act.
(3) (Repealed – 29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
(4) T he members of a panel shall elect the chairman and deputy chairman of the panel
from among themselves.

§ 16. Procedures of endowment panel
(1) The first meeting of every membership of an endowment panel shall be convened by
the Minister of Culture, and the reafter by the chairman of the endowment panel as
required but not less frequently than once per quarter. The members of a panel shall be
notified of a session in writing not later than ten days in advance.
(2) An extraordinary meeting of an endowment pane l shall be convened within two
weeks if at least four of its members so require.
(3) A panel has a quorum if at least five members of the panel are present, including the
chairman or deputy chairman.
(4) A panel adopts resolutions by a simple majority of the members present at a session.
(5) The resolutions of a panel shall be recorded in the minutes and communicated to the
Director of the Cultural Endowment within one week.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
(6) Resolutions of a panel shall not be contested, except if subsections (3) or (5) of this
section are violated.
§ 16
1. Members and procedures of expert group
(1) An expert group consists of five members and its membership shall be approved from
among persons acting in an a rea of culture in the county for a term of two years by the
supervisory board of the Cultural Endowment.
(2) The provisions of §§ 15 and 16 of this Act concerning endowment panels apply to the
member and procedures of expert groups, taking into account the specific provisions
arising from this section.
(3) The members of an expert group shall perform their functions until a new
membership is approved by the supervisory board of the Cultural Endowment. Upon
exclusion of a member from the membership, the supe rvisory board shall appoint a new
member to the vacant position in the expert group from among persons acting in an area
of culture in the county.
(4) The first meeting of every membership of an expert group shall be convened by the
chairman of the supervi sory board of the Cultural Endowment.
(5) A meeting of an expert group has a quorum if four members are present, including the
chairman or deputy chairman. At least three members may demand calling of an
extraordinary meeting.

(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 16
2. Director
(1) The Cultural Endowment shall be directed and represented by a Director appointed by
the supervisory board.
(2) The term of authority of the Director shall be up to four years.
(3) The Director shall en ter into an agreement determining the rights and obligations of
the Director, the amount of remuneration paid to the Director and other conditions
necessary for the activities. On behalf of the Cultural Endowment, the agreement shall be
signed by the chair man of the supervisory board.
(4) The supervisory board has the right to remove the Director at any time.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 16
3. Competence of Director
The Director shall:
1) dispose of the assets of the Cult ural Endowment pursuant to resolutions of the
supervisory board of the Cultural Endowment;
2) organise the implementation of resolutions of the supervisory board of the Cultural
Endowment and be liable for the lawful implementation of the resolutions;
3) report on his or her activities to the supervisory board of the Cultural Endowment and
submit an overview of the economic situation of the Cultural Endowment four times a
year;
4) inform the supervisory board immediately of any material deterioration of the
economic condition of the Cultural Endowment or any other material circumstances
related to the economic activities;
5) submit the draft annual budget and the audited annual report of the Cultural
Endowment to the supervisory board of the Cultural Endowme nt;
6) hire an release employees of the Cultural Endowment, except internal auditors;
7) enter into contracts with grant recipients of the Cultural Endowment pursuant to the
resolutions of the supervisory board, endowment panels and expert groups;
8) approve the internal work procedure rules and operations procedure of the Cultural
Endowment;

9) organise the taking of minutes at the meetings of the supervisory board and ensure the
registration of resolutions of the supervisory board, endowment panels and expert groups;
10) decide on other management issues which are not placed in the competence of the
supervisory board by this Act.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 16
4. Liability of Director
(1) The Director shall be liable fo r causing damage to the Cultural Endowment by
violation of his or her obligations. The Director shall be released from liability if he or
she has acted pursuant to a lawful resolution of the supervisory board of the Cultural
Endowment.
(2) The limitation p eriod for submission of claims against the Director shall be five years
as of violation of an obligation.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 16
5. Internal control system and internal audit
(1) The internal control system of t he Cultural Endowment shall cover all levels of
management and operations and ensure the purposeful and effective operation of the
Cultural Endowment and compliance of the operation with legislation.
(2) An internal auditor hired by the supervisory board s hall be liable for the internal audit
of the Cultural Endowment. If necessary, the supervisory board may form a
corresponding structural unit under the direction of the internal auditor.
(3) In the course of an internal audit, the following shall be assess ed:
1) the functioning and efficiency of the internal control system of the Cultural
Endowment;
2) the allocation of funds by the supervisory board, endowments and county expert
groups and use of the funds;
3) the legality, purposefulness and efficiency of management measures;
4) the purposefulness of the use of assets;
5) the sufficiency of the existing rules of procedure and documentation in order to ensure
the lawful activities of the Cultural Endowment;
6) compliance with the precepts of the State Audit Office and proposals of auditors.

(4) An internal auditor has he right to examine all the documents of the Cultural
Endowment and obtain oral and written explanations from the Director and employees of
the Cultural Endowment and all members of the supervisory board, endowment panel and
county expert group.
(5) An internal auditor shall report on implementation of his or her work schedule to the
supervisory board twice a year and shall make proposals concerning measures necessary
for the elimination of defi ciencies and prevention of errors as and when necessary.
(6) An internal auditor shall immediately inform the Director and the chairman of the
supervisory board of circumstances which refer to the violation of legislation or may
damage the assets or reputation of the Cultural Endowment.
(29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
§ 17. (Repealed – 29.01.2003 entered into force 13.03.2003 – RT I 2003, 21, 123)
Chapter IV
Implementing Provisions
§ 18. Commencement of activities of Cultural Endowment
(1) The Minister of Culture shall approve the memberships of the endowment panels
provided for in § 10 of this Act within three months after the entry into force of this Act.
(2) The Government of the Republic shall approve the membership of the supervisory
board of the Cultural Endowment within four months after the entry into force of this
Act.
[§ 19 omitted] 3
§ 20. Entry into force of Act
(1) This Act enters into force on 1 July 1994.
(2) Subsection 19 (3) of this Act enters into force on 1 Ja nuary 1995.
1 RT = Riigi Teataja = State Gazette
2 Riigikogu = the parliament of Estonia
3 Omitted section amends other legislation